2000-313 0RD1NANCE NO ~000- ~/~'~
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND BARBARA L GAILEY RELATING TO THE PURCHASE OF
APPROXIMATELY 0101 ACRE OF LAND BEING LOCATED IN THE NH
MEISENHEIMER SURVEY, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR
THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING 1N THE STATE OF TEXAS,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract
between the City of Denton and Barbara L Gmley in substantially the form of the Real Estate
Contract which is attached to and made a part of this ordinance for all purposes, for the purchase
of approximately 0 101 acre of land for the U S Highway 77 ProJect, with title vesting in the
State of Texas
~ The City Manager is authorized to make the expenditures as set forth in the
attached Real Estate Contract
~ Thru ordinance shall become effective lmme&ately upon its passage and
approval
PASSED AND APPROVED this the_ ~]~ .dayof (J~/'~t~d~'~f ,2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L P TY, CIT ATTORNEY
HEAL HSTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between BARBARA GAILEY
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS,
a home rule municipality, of Denton, Denton County, Texas,
(hereina£ter referred to as "Purchaser"), upon the terms and
conditions set forth herein.
PURCEASEANDSALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases end agrees to pay for all that certain tract,
lot or parcel of land described in Exhibit "A" attached with ell
rights end appurtenances pertaining to the said property,
including any right, title end interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the ~Property#), together with any improvements, fixtures, and
personal property situated on and attached to the Property, for
the consideration and upon and subject to the terms, provisions,
and conditions hereinafter set forth. Seller shall pay all cost
for the removal, installation, construction, reinstallation,
reconstruction, labor and materials for any and/or im~rovements
located within the property described in Exhibit "A". Any
improvements not removed by Sept~er 29, 2000 shall become
property o£ the City of Denton, Texas.
PU~CEASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the stun o£ $3,345.00. Additional consideration
of $2,500.00 shall be paid for the installation of a circular
drive to be constructed at the Seller's discretion on the
Seller's remaining tract. The total Purchase Price shall be
$5,845.00.
2. Payment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
pURCI{A~ER'S OBLIGATIONS
The obligations o£ purchaser hereunder to consummate the
transactions contemplated hereby are subject to the satisEaction
o£ each o£ the £ollowing conditions any of which may be waived in
whole or in part by purchaser at or prior to the closing.
1. Preliminary Title Renort. within twenty (20) days after
- seller, at Sellsr~s sole cost and expense, shall
the date hereo£, ...... 4-.fret defined) to issue &
have caused the Title company
oa~it~ent (the .Com~itm~nt") accompanied by copies
o~ners policy c . _ _ sements, rights-of-WaY,
of &11 recorded documents relating to ea shall give seller
etc., af£ecting the property. Purchaser ..... r
n or before the expiration of ten (107 days
written notice.o _ .._ that the condition of
set forth in the C~mmitmen=_=s ~_i~ion of title is not
event purchase ...... 11 at Ballet's option, promptly
satisfactory, BelAe~ she ~=_ --11 unacceptable matters to the
undertake to elimina~e or mo~M ~
reasonable satisfaction of purchaser. In the event Seller is
unable to do so within ten (10) days after receipt o~ written
ee~ent shall thereupon be null and void for &11
notice, this Agr --~-- shall be deemed to be
isa this
purposeS/ ot~erw · _ hall be deemed to have been
accept&bls and any objection thereto s
waived for ell purposeS.
.,,~v.v. Purcha,er maY, at Purcha..r'' .ol. co,~ni
· =r.nt .u .y of th. Pr°P'rtY: P?T? '%h.
expense, .... as land surVeyOr acceptable to wurcn&s ....
duly licensed =~ - =-d shall show tho
survey shall be staked on the gr~una~ --___~_ railroadS, rivers,
Of all improvements, highwayS, s~, :~nts, and rights-o£-
creekS, or other water COUTBeB~ =eu~=, --- -- ..... ~-- ~he
nt to the Property, if any, an~ sna~ conu~a~
way o~ or ad, ace .......... ~ e roachments on the
surveyor. S certi£ic&tion t~ac un~ - ..... no
11 set forth the number of total acres comprising
Property an~ sh~___~., ~4th a metes and bounds description
thereof.
11 have ten (10) days after receipt of the survey
purchaser wi ......... . In the event the surVey is
to revieW and PP . =--- --ithin the ten (10) day
unacceptable, then purchaser ~s~ -~4~ *a~t seller shall,
ive seller written no=ica ~f ..... i-~ '- -- --~4~ the
period, g - ~-rtake to elxmxnace or
at Seller's option, promptAy un~e ..... to the reasonable
unacceptable portions of t~e
pAGE 2
AEE008FE
satisfaction of Purchaser. In the event Seller is unable to do
so within ten (10) days after receipt of written notice,
Purchaser may terminate this A~reement, and the Agreement shell
thereupon he null end void for all purposes and the Escrow
Deposit shell be returned by the Title Company to Purchaser.
Purchaserle failure to give Seller this written notice shall be
deemed to be Purchaser"s acceptance of the survey.
3. Seller,s Comolience. Seller shall have performed,
served, and col~lied with all of the covenants, agreements, end
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also es of the closing date=
1. There ere no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions o£ Purchaser, there is no
pending or threatened condo-etlon or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereo£, nor to the best knowledge and belie£ of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. Seller has complied with ell applicable laws, ordinances,
requl&tions, statutes, rules end restrictions relating to the
Property, or any part thereof.
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property. Such
toxic or hazardous wastes or materiels include, but ere not
limited to, hazardous materials or wastes es same ere defined by
the Resource Conservation end Recovery Act (RCRA), as emended,
and the Comprehensive Environmental Response Compensation and
LiaBility Act (CERCLA), es emended.
AEE008FE PAGE 3
The closing shall be held at the office of Dentax Title
Company on or before September 29, 2000, or at such title
company, time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
eclosing, date").
CLOBZN~ REQUIREMENTS
1. Seller's Reouirements. At the closing Seller shall:
&. Deliver to State of Texas, acting by and through the
Texas Transportation Co---{ssion · duly executed end
acknowledged Deed in the fo~m as attached hereto as
Exhibit ~B# conveying good and marketable title to all of
the Property, free and clear of any and &11 liens,
encumbrances, conditions, easements, assessments, and
restrictions, except for the following~
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payuble;
2. Any exceptions approved by Purchaser
pursuant to ~ha~er.s Obliaations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentax
Title Company, Denton, Texas, (the STitle Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple title for the
State of Texas to the Property subject only to those
title exceptions listed in Closina Reauirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Policy of Title
Insurance, provided, howevers
AEE008FE PAGE 4
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Purcheser~
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record"~
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed .Not Yet Due and Payable"~
and
4. The exception es to liens eno'm~ering
the Property shall be endorsed .None of
Record".
C. Deliver to purchaser possession of the Property on
the day of closing.
2. ~ur~m~er,s ~uirements. Purchaser shall pay the
consideration as referenced in the .Purchase Price" section of
this contract at Closing in immediately available funds.
3. ~9~-~. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in cons~,""~&ting the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser, except for Seller's attorney fees.
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
BR~ACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of,its obligations hereunder or shall fail to cons~~"ate the
sale of the Property except purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
AEE008FE PAGE 5
BRRA~H BY PURCHASER
Xn the event Purchaser should fail to cons----ate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLXGATIONS having been satisfied and
Purchaser being in default Seller ~7 either enforce specific
performance of this Agreement, or teL-minate this Agreement by
written notice delivered to purchaser.
MISCELLANEOUS
1. Assianment of Aareement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. ~Survival of Covenants. Any of the representations, war-
ranties,, covenants, and agreements of the parties, as well as any
rights and benefits o~ the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein.
3. Notice. A~y notice rec~uired or permitted to be delivered
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath tho signature of the party.
4. Texas Law to A~Dply. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
in Dento~ County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Leas1 Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this A~reement shall be construed
if the invalid, illegal, or unenforceable provision had never
been contained herein.
AEE008FE PAGE 6
?. Prior &areements Superseded. This &greement constitutes
the sole and onl7 agreement o£ the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. ~. Tine is of the essence in this
Agreement.
9. Gender. Words o£ any gender used in this Agreement shall
be held and construed to include any other gender, and words in
the singular n,,mhor shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. M~morandum of Contr~9~. U~on request of either party,
both parties shall prouptly execute a nemorandu~ of this
Agreement suLtable £or fLling of record.
ll. Connliance. Xn accordance with the requirements of the
Texas Real Estate License Act, Purchaser fs hereby advised that
it should be furnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection.
12. Tine Linit. Xn the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers sane to Sel-
ler, Purchaser shall have the right to tern~nate this Agreement
upon written notice to Seller.
=AT;D this day of , 2000.
SELLER PURCHASER
THE CXTY OF DENTON, TEXAS
~ Cit~ Kanager
FORM'/.f 215 E, McKLnney
T0
6ITYATTOR~E¥, ..~ Denton, Texas 76201
AEE008FE PAGE 7
STATE
COUNTY OF DENTON
munStrA~}~..ent is acknowledged be£ore me, on this
2000 by Michael W. Jez, City Manager, of the City
ioipal corporation, known to me to be the person
and o£ficer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City
of DentQn, Texas, a municipal corporation, that he was duly
authorized to perform the same by appropriate ordinance of the
City Coul~cil o£ the City of Denton and that he executed the s~te
as the act of the said City for p~poses end consideration
therein expressed, and in the capaci~here~tate~__~//
the St,ts of Texa,
[_~?."['~.,t~ MAY 9, 2002
-~; ....... ~
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this (~+~ day of
AEE008FE PAGE 8
EXHIBIT "A'
County Denton Page 1 of 1
Highway U.S. 77.
Project Um~te. , From I.H. 35 Rev. October 27, 1994
To
CSJ 0195-02
Account. I
FIELD NOTES FOR PARCEL 19
BEING A PARCEL, OF LAND SITUATED IN A CALLED 0 336-ACRE TRACT CONVEYED TO DENNIS MICHAEL
BAKER AND WIFE, BECKY ANN DE LA HOU$~AYE BAKER, RECORDED IN VOLUME 890, PAGE 528, DEED
RECORDS OF DENTON COUNTY, TEXAS {DRDCT}, AND BEING SITUATED IN THE N.H. MF..ISENHEIMER SURVEY,
ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-tach iron rod, same being a point on the east line of said Baker tract
and being the northwest corner of a tract of land conveyed to W.H. Bottoms, recorded m Volume 409, Page 562,
DRDCT,
THENCE S 32° 04' 0g' W, along a line common to said Baker tract and said Bottoms tract, a d~etance of 133 15
feet to a sst E/8-1hch Iron rod with an aluminum cap, being the POINT OF BEGINNING and also being · point on
the new north nght of way line of U S 77=
(1) THENCE S 32° 04' 09' W, along the sa~d common line, passing at 30 78 feet a found 1/2-loch
iron rod, in all a distance of 60.78 feat to a point, being the southwest comer of said Baker tract,
and said point being on the existing north right of way line of U.S. 77;
{2) THENCE N 57° 59' 17" W, along a line common to said Baker tract and the existing north right
oflwey line of U.S. 77, a distance of 73.21 feet to s point, being the southwest corner of said
Baker tract, and the southeast comer of a 0 520-acta tract of land conveyed to Raze Sabn,
re~orded in Volume 1700, Page 648, DRDCT,
(3) THENCE N 33= 15' 50' E, along a line common to sa~d Baker tract and said Sabri tract, passing
at 30 01 feet a found 1/2-loch Iron rod, in all a d;stance of 80 52 feet to a set 5/8-inch iron rod
w~th an aluminum cap also being a point on the new north nght of way line of U.S. 77,
(4) THENCES 58° 11'36' E, alongthe new north nght of way line of U S 77, adlstanceof71 95
fe-~t to the POINT OF BEGI~ING, end ¢onta~mng 0 101 acre, or 4,400 square feet of land, more
or Jess, of which 2,187 square feet are in a preecnptwe right of way of U S 77
J. ohn F Wilder, R P.L.S 4~***.~,%..,.,~., ,.r~.~.. ~ "~ Date
Texas No 4285
EXH'~BIT "B"
Texas Department of TnmsportaUon
Form
DEED
~ STATE OF TEXAS }
}
COUNTY OF, } KNOW ALL MEN BY THESE PRESENTS:
of the County of , State of Te~.az, hereinafter referred to az Grantors, whether
one or more, for and m consecration of the ~un of
Dollars ($. ) to Grantors
m hand paid byl the State of Texaz, acting by and through the Texas Transportation Comnusslou, receipt of
which ~s hereby acknowledged, and for which no hen i~ retained, either expressed or unpiled, have thru
day Sold end by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel 0f land in County, Texas, more paxtlcularly deser~bed m Ex-
lubxt "A,' wbach ~s attached hereto and incorporated hereto for any and all purposes
SAVE and EXCEPT~ HOWEVER, ~t ~s expressly understood and agreed that Grantors are retaining
tttle to thc following improvements located on the propexty described m smd Exhth~t "A," to w~t
Grantors coven~mt and agree to remove the above-desmbed unprovements from smd land by the
day of : ,19.._~, subject, however, to such extensions of tune az may be granted
by thc State m writing, and fi, for any reason, Orantors fall or refuse to remove same within said p~riod of
tune prescnbed~ then, wlthout any further consideration, the title to all or any part of such unprovements
not so removed shall pass to and vest m the State of Texaz forever
Grentors raserv~ all of the od, gas end sulphur m end under the land hereto conveyed but waive all rights
of regress end egress to the surface thereof for the purpose of exploring, developing, nunmg or dr~l!mg for
same, however, [nothing m this reservation shall affect the t~fle and nghts of thc State to take and use all
other minerals arid materials thereon, thereto and thereunder
T~tas D~parlment of Trasspotiatton
Form D.I$-14
Pa$e2of3 Rev 9/91
TO HAVE AND TO HOLD the premises hereto described and hex'em conveyed together with all and
singular the nghts and appunenan .cee thereto m any w~s~ belonging unto. the State of Texa~ and its as, signs
forever, and G~antors do hereby brad ourselves, our he,rs, executors, aclrmmstrators, success.ors_ann as~.
signs to Warrant and Forever Defend all and singular the said premises hereto conveyed unto ttie ~tate o~
Texas and its sZsigns against every person whomsoever lawfully clamamg or to claun the same or any pan
thereof
IN WITNESS'WHEREOF, tins instrument ts executed on th~ the day of
ACKNOWLEDGMENT
THE STATE OF TEXAS, ]
COUNTY OF }
BEFORE Mil. the undor~lgned, a Notary Pubhc, on this day persomdly appeared
. known to me (or proved
to me on the oath of , a ct, edible w~mess,) lo be the person(s) whose
name(s) is (are) subscribed to file foregoing lnsmlmant and acknowledged to me that he/she/they executed the same for the
GIVEN UNDER MY HAND A.ND SEAL ON OI~I~ICE, tl~s day of ,19
Notary Pubhc. State of Texas
My Conmumon ~s on gm day of ,19
************************************************************************************
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, .., }
COUNTY OF, }
BEFORE MB, the unde~lgned, a Notary Public, on this day personnlly appeared
of , known to
me to be the perso~ and officer whos~ name ~s subscribed to th~ foregoing matmment and acknowledged to me that the same
was the act of tho enid , a corporation, that he/she was
duly authorized to perform file same by appropriate re~ointion of the board of directors of such corporation and that he/she
executed the same ns the act of such corporation for tho purpoam nmi cooztderaflon thereto expressed, and in the capacity
thetmu stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, ibis day of ,19
Notary PnbHo, State of T~tas
My Commission expires on Ihe day of ,19
Fonu D-15-14
Paso 3 of ~ Rov~ 9/91
After recording please return this instrument to.
CERTIFICATE OF RECORDING
THE STATE OF TEXAS, }
COUNTY OF }